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Landmark victory for property rights at the Supreme Court today
Today, the Supreme Court ruled that property rights deserve the same protection as every other constitutional right, opening the courthouse doors for property owners across America.
This brings a stunning end to a 34-year-old mistake that had shut federal courts on PLF client Rose Knick and property owners across the country.
Rose simply wanted to fight her local township’s cemetery ordinance that forced her to allow unfettered public access to her 90-acre farm in rural Pennsylvania. Non-compliance meant daily fines of up to $600 per day.
Rose thought she could challenge this clear property takings claim in federal court just as she could a free speech or due process challenge. But a little-known 1985 precedent called Williamson County allowed federal courts to send property takings claims back to state courts where they typically exhaust victims’ determination—and bank accounts.
PLF believes Williamson County was a mistake and we’ve been fighting to overturn it ever since.
Our efforts on behalf of Rose led to the Supreme Court where PLF attorney Dave Breemer argued Knick v. Township of Scott
pacificlegal.org/case/knick-v-scott-township-pennsylvania/ twice—during the Court’s first week of the October term and again in a rare reargument held in January after the confirmation of Justice Kavanaugh.
Today, the Supreme Court overturned Williamson County in a 5-4 decision that reaffirms that property rights are indeed among the most important civil rights that Americans have, deserving of full protection by federal courts.
Federal courtroom doors are now wide open for Takings Clause cases and we’re ready to barge straight through them—starting with Rose.
This victory is a true property rights renaissance.
This also marks PLF’s 12th Supreme Court win—a record of success unmatched by any other organization of our kind and testament to our mission of defending liberty and justice for all.
Please join me in congratulating Rose and everyone on the PLF team for their indomitable spirit of liberty in collecting one of the most sought-after feathers of freedom in PLF history.
And thank you for standing with PLF as we empower everyday Americans like Rose to fight the goliath of overreaching government.

Steven D. Anderson

President and CEO

Pacific Legal Foundation

www.pacificlegal.org

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